Constitution (Solarian League)
The Constitution of the Solarian League was technically the supreme law of the Solarian League, its foundation and source of the legal authority underlying its existence. The constitution was proclaimed in July 1165 PD. Preamble The Constitution of the Solarian League was alterable only by constitutional amendment. :The preamble contained at least one above mentioned legal norm. :( ) Articles Article 1 of Direct Taxation The Federal government could under no circumstances impose direct or indirect taxation with the exception of shipping duties. :The article remained intact until the late 1922 PD when the Quintet initiated amendment procedure. :( , ) Article 5 of Members 1. The territorial autonomy of member star systems was absolute except in time of war. :That implied that the residences of member delegations on Old Terra possessed extraterritorial status. :( ) 2. The federal government had no authority over the member systems in time of peace. :That implied lack of that authority over self-defense force maintained by the member star systems, as well as over the education provided by the member star systems. :( ) 3. Member system authorities were obliged to enforce the laws of this star system unless those laws contravene the Federal Constitution or an overriding federal statute. :The rule did not apply to a federal regulation. :( ) Article 7 State of War. Self-defense Sections 1 and 2 The state of war should be resolved unanimously by the League Assembly. Section 3 The Solarian League Navy was permitted to respond to emergency situations without formal declarations of war. :The judiciary's interpretation of Article Seven had always supported the Solarian League Navy's authority to respond to an actual attack on its ships and personnel in whatever strength was necessary, as an act of self-defense. :( , ) Article 39 Secession The member star system was entitled to secede from the Solarian League. : When the Constitution was drafted, several members refused to enter the League until Article 39 was included. Until the secessions of Hypatia and Beowulf in 1922 PD this clause had never been enacted. : In 1922 PD the federal government officially considered Article 39 as a legal archaism ("desuetude"), despite the fact Article 39 was part of the fundamental law of the Solarian League, possible to be changed (derogated) only by a constitutional amendment. Without the suitable decision of the League Judiciary, it was only a legal theory in fact. : In 1922 PD the federal government received the judicial injunction against the exercise of Article 39 by the government of the Hypatia System. : Without a formal decision from the League Judiciary that the constitutional right of secession was no longer operative - the Solarian Gendarmerie had no authority to interfere in the referendum concerning such a secession. :( , ) Amendments The amendment of the constitution should be preceded by the constitutional conventions carried by the member systems. On that basis, the single member system was entitled to veto an amendment draft. : The Founders deliberately designed amendment procedures to insure any amendment took years to approve. :The Constitution of the Solarian League was amended ninety-six times before 1410 PD. :( ) 97 Edict Unnecessary civilian casualties were prohibited. The authority that caused such a casualty should be removed. :'' The Eridani Edict was added to the Constitution in 1410 PD and had been enforced about five times prior to 1921 PD.'' ( ) : Allowed exception comprised precision strikes on enemy defense command centers after a refusal to surrender. That was interpreted as permission for KEW strikes against insurrection. ( , ) : Commercial operations on privately-owned planets weren't a subject of the edict. ( ) Clause Four Destruction of an orbital infrastructure before it could be completely evacuated was forbidden. :( ) Derogation It was to establish a new constitution in 1923 PD due to truce conditions stated by the Grand Alliance, when it won the Solarian-Manticoran War in the January 1923 PD. According to Grand Alliance's demands, a new constitution should guarantee democratic, representative governmentIt seems only representative Solarian government was the proper party to sign expected peace treaty., the ability of any member world to elect to secede from the League if three-quarters of its population so desired as well as dissolution of the Protectorates and the Office of Frontier Security. ( ) Unspecified *There were three main branches of the government: ** executive: *** President, the office of the president was symbolic hovever, ( ) *** Prime Minister and CabinetThe Attorney General had a constitutional duty to asses constitutional compliance and conformity of regulations. (HH14), *** Executive Council, ** legislative - Solarian League Assembly, ** the League Judiciary. (HH14) *Federal government was empowered to create a common currency (the Solarian credit). *The promotion of personnel to flag ranks should be approved by the Assembly. ( ) *Treason during the war was defined. ( ) * The institution of slavery was rejected and outlawed. ( ) References Category:Law Category:Solarian League